C. Santhanam v. The Executive Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)No.1 of 2014 C.Santhanam ... Petitioner Vs.
1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Madurai East Circle, Thiruppalai, Madurai.
2.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Meenakshi Complex, Main Road, Melur-625 106.
3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Thiruvathavur Road, Melur, Madurai District.
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4.A.Thiraviyam 5.T.Asaithambi 6.T.Nallathambi 7.T.Jegan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to 3 from granting electricity service connection in favour of the respondents 4 to 7 by erecting pole and drawing wire and cable over the petitioner's private property in survey Nos.613/5A, 613/5B, 613/5C, 613/9C, 613/9D, 613/5E, 613/9A, 613/7A and 613/7B situated at Malavalavu village, Melur Taluk, Madurai District. For Petitioner : Mr.M.Kannan For R1 - R3 : Mr.S.Deenadhayalan Standing Counsel For R4 - R7 : No Appearance
ORDER
The present writ petition has been filed for a writ of Mandamus, forbearing the Electricity Board from providing electricity service connection to the respondents 4 to 7 by erecting poles and drawing lines in certain survey numbers mentioned in the prayer. 2/6
2. According to the learned counsel for the petitioner, the survey numbers mentioned in the prayer are his private patta lands and respondents 4 to 7 cannot enjoy the electricity service connection by erecting poles in the said private lands. Therefore, the present writ petition has been filed.
3. According to the learned standing counsel appearing for the Electricity Board, respondents 4 to 7 has simply given a representation, seeking electricity service connection. No proper application has been filed by them. Even in a case where, a proper application is filed, they have to wait for their seniority to reach to get free agricultural service connection. Hence, as on today, there is no proposal for granting service connection to the respondents 4 to 7 by erecting poles through the survey numbers mentioned in the prayer.
4. According to the learned standing counsel for the Electricity Board, the apprehension of the writ petitioner is unfounded. He further submitted that so far no service connection has been effected to the 3/6
respondents 4 to 7 and he also submitted a Memo issued by the Assistant Engineer, Rural (West), Melur to the said effect.
5. In view of the above said facts, I find that the apprehension expressed on the side of the writ petitioner is unfounded as on today. Hence, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is closed.
17.11.2022 Index :
Yes / No Internet :
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To 1.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Madurai East Circle, Thiruppalai, Madurai.
2.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Meenakshi Complex, Main Road, Melur-625 106.
3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Thiruvathavur Road, Melur, Madurai District.
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R.
VIJAYAKUMAR ,J.
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